Contract renewal - IR35

[EggsAndBacon]

The co that I currently contract at are offering a renewal which is great. The new contract is the same as the old one but with the dates changed. I presume there is no need to get this contract IR35 checked if I had the previous one reviewed and ticked off? (And provided I do a diff between the new and the old)

[northernladuk]

Does the renewal come with a new set of deliverables that are different to the last role or are you doing the same thing? Does it look like a role spec rather than a set of tasks for that extension?

[EggsAndBacon]

It's a continuation of the same thing from my original contract. So there aren't different tasks specified for the extension, but the same role spec.

[jamesbrown]

It's a continuation of the same thing from my original contract. So there aren't different tasks specified for the extension, but the same role spec.

There's no need to get the contract wording reviewed, per se, unless it's a requirement of a specific tax-loss insurance policy that YourCo may have purchased. However, it's the working practices that matter, and these can change, so keep on top of them, retain evidence of the B2B relationship, and don't become part of the client's furniture.

[northernladuk]

I'm surprised it wasn't mentioned at the review but I think you need to be careful of role profiles rather than a schedule of work. A standard role profile can end up with you just being given new work to do which means you are under Direction and Control.

Any of these apply to you?

http://www.contractoruk.com/ir35/whe...35_status.html

[northernladuk]

Here is another article about generic titles. http://www.contractoruk.com/news/001..._it_roles.html

[LondonManc]

It's a continuation of the same thing from my original contract. So there aren't different tasks specified for the extension, but the same role spec.

Is it the same project or is this BAU work that a perm should be doing?

[GB9]

I would get it checked regardless. It show due diligence and also covers the possibility of legislation changes and professional guidance based on any recent tax cases.

[JoJoGabor]

based on the information above, I would guess 80% of contractors are actually caught by IR35, with job roles rather than deliverables, but how many are actually worried about it?

I would guess out of that 80% maybe 1% actually declare themselves inside IR35 and take the hit with take-home.

I read somewhere that the chances of an IR35 investigation are 1 in 60000, so the odds are good.

Please don't reply with the usual cocksure statements of how ignorant/foolish etc people are, but I'm genuinely interested in people's attitudes to this risk who are actually inside IR35 but declare themselves outside.